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affidavit affirmed agreed agreement alleged answer Appellate District attorney authority bank cause of action certiorari charge City and County Civil Code Civil Procedure claim Code of Civil Company complaint constitute contention contract corporation counsel County of San cross-complaint damages deceased decree deed Defendant and Appellant defendant's delinquent person demurrer ditch error evidence execution fact February 13 fendant filed finding fraud held indictment injury instructions issue John Plath Judge judgment jury land lease lien liquor matter ment mortgage motion notice order denying owner parties payment Plaintiff and Respondent pleaded power of attorney premises promissory note purchase purpose question railroad reason record recover refused rule San Francisco statement statute statute of frauds stockholders sufficient Superior Court sustained testified testimony therein thereof thereto tiff tion transaction trial court verdict witness